01:20 PM PST on Wednesday, March 31, 2004

By ABE ESTIMADA and PAT DOORIS, KGW Staff

A Multnomah County jury found a man guilty in the daylight shooting of a Tillamook man in downtown Portland two years ago.

Robert E. Heinz walks into court. (KGW Photo)

Robert E. Heinz was found guilty on Wednesday on two counts of aggravated murder, one count of robbery and one count of felon in possession of a firearm.

The penalty phase of the trial will begin immediately. Heinz could face the death penalty or life in prison without the possibility of parole for the death of 42-year-old Rick J. Ballantine.

Prosecutors showed that Heinz and Ballantine, who were methadone users, knew each other. Before the shooting on March 11, 2002, Heinz was in a car with Ballantine, prosecutors said. Heinz tried to steal drugs from Ballantine, but Ballantine resisted.

Rick Ballantine. (KGW Photo)

Later that day, Heinz found Ballantine on SW Broadway in downtown Portland during the lunch hour. Heinz told his girlfriend moments before the shooting that he thought Ballantine had assaulted a friend of his, according to court documents.

But prosecutors said Heinz shot Ballantine to cover up the attempted robbery, prosecutors said.

Dozens of witnesses told police that they heard the two men argue about a bottle of prescription pills. They said Heinz fired three shots, then three more after Ballantine fell. Ballantine was struck in the chest, lower back and left leg.

The defense argued that Heinz was high on drugs and had no intent to murder Ballantine.